Senate Journal 03/05/2007 10:00 AM

JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION

THIRTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 5, 2007

The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Jake Brakke.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-seventh day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 31 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 2, 30, 43, 127, 195, and 207 were delivered to his Excellency, the Governor, for his approval at 10:10 a.m., March 5, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 157, 180, and HB 1171.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the Report of the Conference Committee on HB 1176 and has appointed Reps. Dykstra, DeVries, and Halverson as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President announced Sens. Dempster, Gray, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1176.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has passed HB 1174 over the veto of the Governor. The veto message of the Governor is found on page 787 of the House Journal.

We hereby request your favorable consideration in passing HB 1174, the veto of the Governor notwithstanding.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

Sen. Dempster moved that the veto message of the Governor on HB 1174 be immediately considered.

Which motion prevailed and the consideration of the veto message of the Governor on HB 1174 was up for immediate consideration.

The Senate proceeded to the reconsideration of HB 1174 pursuant to the veto of the Governor and the veto message found on page 787 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1174 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

Yeas:
Abdallah; Apa; Bartling; Dempster; Duenwald; Garnos; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

Nays:
Albers; Gant; Gray; Hansen (Tom); Lintz; Maher; McNenny; Smidt (Orville)

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed, the veto of the Governor notwithstanding.

MOTIONS AND RESOLUTIONS

Saturday, Sen. Knudson announced his intention to reconsider the vote by which the Conference Committee report on HB 1171 was not adopted.

Sen. Knudson moved to reconsider the vote by which the Conference Committee report on HB 1171 was not adopted.

The question being on Sen. Knudson's motion to reconsider the vote by which the Conference Committee report on HB 1171 was not adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report of the Conference Committee on HB 1171 was up for reconsideration and final passage.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Knudson moved that the report of the Conference Committee on HB 1171 as found on page 771 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1171 be adopted.

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the report was adopted.

Sen. Knudson moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 10:33 a.m., the Senate recessed.

The Senate reconvened at 2:38 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

Mr. President and Members of the Senate:

I have the honor to inform you that on March 3, 2007, I approved Senate Bills 6, 71, 73, 76, 78, 93, 97, 108, 111, 125, 206, and 215, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORT OF STANDING COMMITTEE

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 157 and 180 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

The Conference Committee respectfully reports that it has considered HB 1176 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1176 be amended as follows:

On page 5 of the Senate State Affairs Committee engrossed bill, delete lines 14 to 23 , inclusive.

Respectfully submitted,                             Respectfully submitted,
Joel D. Dykstra                                    Thomas A. Dempster
House Committee Chair                            Senate Committee Chair

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Dempster moved that the report of the Conference Committee on HB 1176 as found on page 781 of the Senate Journal be adopted.

The question being on Sen. Dempster's motion that the report of the Conference Committee on HB 1176 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

REPORT OF CONFERENCE COMMITTEE

The Conference Committee respectfully reports that it has considered HB 1084 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1084 be amended as follows:

On page 1, line 7 of the Senate Taxation Committee engrossed bill, overstrike " ten " and insert " nine ".

On page 1 , line 7, delete " seventeen " and insert " eleven ".

On page 1 , line 12, overstrike " three " and insert " two ".

On page 1 , line 13, delete " two " and insert " seventy-one ".

On page 2 , line 4, delete " seventy-five " and insert " twenty-six ".

On page 2 , line 9, overstrike " four " and insert " three ".

On page 2 , line 9, delete " two " and insert " seventy-one ".

Respectfully submitted,                         Respectfully submitted,
Joel D. Dykstra                                Kenneth McNenny
House Committee Chair                        Senate Committee Chair

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. McNenny moved that the report of the Conference Committee on HB 1084 as found on page 782 of the Senate Journal be adopted.

The question being on Sen. McNenny's motion that the report of the Conference Committee on HB 1084 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was adopted.

Sen. Knudson moved that when we adjourn today, we adjourn to convene at 9:30 a.m. on Tuesday, March 6, the 39^th legislative day.

Which motion prevailed.

MESSAGE FROM THE HOUSE

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1176.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 31: FOR AN ACT ENTITLED, An Act to appropriate money to the Dakota Valley school district.

Journal correction: See page 785 of the Senate Journal.

SB 180: FOR AN ACT ENTITLED, An Act to provide for the recognition of certain adoption orders from foreign jurisdictions and to provide for the issuance of birth certificates for certain inter-country adoptions.

HB 1048: FOR AN ACT ENTITLED, An Act to reform certain campaign finance requirements and to establish certain fines and penalties.

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the Department of Corrections to purchase real property, to make an appropriation therefor, and to declare an emergency.

HB 1101: FOR AN ACT ENTITLED, An Act to make an appropriation for maintenance and repair projects of the Board of Regents deemed critical to facility safety and function, and to declare an emergency.

HB 1131: FOR AN ACT ENTITLED, An Act to increase the amount of funding for conservation and value-added agriculture purposes from certain unclaimed motor fuel tax refunds.

And signed the same in the presence of the Senate.

Sen. Garnos moved that the Senate do now adjourn, which motion prevailed and at 3:02 p.m. the Senate adjourned.

Trudy Evenstad, Secretary